A Criticism on Depriving Wife of Inheritance from the Land (Considering Article 946 of the Iranian Civil Law)
Subject Areas : Philosophy
Mohammad Ali Khayrollahi
1
(
ندارد
)
Keywords: Wife, Inheritance, House, Trees, Building, deprivation,
Abstract :
It is quite well-known that contemporary jurists believe that wifeinherits neither from the land nor from its price. Considering that fatwa,the article 946 of the Iranian civil law declares that husband inheritsfrom all parts of wife’s property while wife inherits only from thefollowing: 1. Movable properties, and 2. buildings and trees. As can beseen in that article, wife is deprived of inheritance from the land. Aglance at juristic books, however, clearly indicates that the said theoryis merely one perspective and a good number of jurists have rejected itfrom early times. The present essay deals with the analysis and surveyof those perspectives. Considering the Quranic verse and all traditionsconcerning it as well as opinions of various jurists, we would concludethat if the wife has a child from her husband she will inherit from theprice of the land in addition to the price of movable properties on thebasis of her share, i.e. the eighth.
